We all are familiar with the term “War on Drugs,” which is used by the police to incarcerate drug offenders. It is estimated that at least 70% of prison inmates in the USA are there for something drug-related.
Most crimes related to drug dealing and drug trafficking, at least in the USA, come with brutal minimum mandatory sentences. Someone who handles drugs, which is to just say that they delivered them from one point to another, can face a higher minimum mandatory sentence than someone who is a potential sex offender.
The Burden of Proof is on the Prosecutor
In many states, the prosecutor has to prove that the accused committed a crime beyond a reasonable doubt. The police, however, only need reasonable suspicion to stop and investigate you for committing a crime. They need probable cause to arrest you for a potential crime, and then it is the responsibility of the state to prove that crime beyond a reasonable doubt.
Here is the thing: reasonable suspicion, probable cause, and beyond a reasonable doubt are all potential standards and pressures that the state must meet. This aspect indicates that if you are accused of drug possession, the only thing you need to do is to get in touch with an attorney who specializes in drug charges, such as the Santa Rosa Drug Charges Attorney if you live in Santa Rosa.
This also means that you must not prove anything in court but allow your lawyer to take over for you to challenge the prosecutor. The lawyer has to make sure that the state cannot prove that you committed a crime beyond a reasonable doubt.
In the Court’s Eyes, You Are Innocent Until Proven Otherwise
In other words, at the trial, the defendant or the person who is accused has no burden that they have to overcome. In the eyes of the jury, you will start out as innocent. It is the job of the prosecutor to prove to the jury that you, the accused, actually committed the crime of drug possession or handling.
This is where the importance of hiring a good lawyer comes in. A good jav amateur lawyer makes sure to hammer that point home to the jury and make sure that they really understand the defendant’s true constitutional rights. A defendant and their attorney can sit at the court and relax throughout the entire trial without having to say a word.
If the jury is still not convinced by the state that it has met its burden of proof and proving the crime, then the jury must find the accused not guilty.
Two Elements of Drug Charges
It is the state’s or the prosecutor’s job to prove each and every element of the crime. An element of the crime is only one piece of that crime. On that note, when it comes to drug possession, there are usually only two elements, and you can probably guess them from the name of the crime.
If you are charged with the possession of drugs, then the state has to prove that you “possessed” the “drug.” The state must prove that you had possession of a substance and what that substance actually was. The rule applies to all substances that fall into the category of drugs that are considered illegal in your state.
However, the point is that the first element is possession, and this element leads to a number of defenses. In order to prove possession, it means that the police would have had to stop you, seize you, and search you or your belongings or vehicle.
Know Your Constitutional Rights
When police search or seize you, your vehicle, or your home – it triggers constitutional rights. The police cannot stop someone just for any reason. This also means that the police cannot stop you because you look suspicious or because they have a hunch.
The police also cannot search you or your belongings without some sort of probable cause or your consent. On that note, you should know your rights and that you never consent to any searches or seizures. It is also important that you never waive any of your constitutional rights.
For example, if a police officer stops you for having a tail light out, they cannot search your vehicle because you look like someone who would carry drugs. There is no reasonable suspicion there to believe that you have drugs in your car just because your tail lights are out and you look a certain way.
Actual vs. Constructive Possession
There are two types of possession. The first type is the actual possession, which means that the drugs are found in your person, such as your pocket or your hand. Then there is also constructive possession, and this means that the drugs are found somewhere you have exclusive dominion and control over.
The thing is that actual possession is very simple as the drugs are on your person. On the other hand, constructive possessions are much harder for the state to prove.
Two Examples of Constructive Possession
For instance, you are driving a car that you own, your name is on the title, and you get pulled over for speeding.
The officer comes to your window, smells cannabis, and asks you to exit the vehicle. The officer then searches your vehicle based on reasonable possession and finds a blunt on the driver’s side door handle. This example is about constructive possession, and it is actually a strong constructive possession case as the blunt was within reaching distance of you, and the car smelled like cannabis.
Also, you were the only one in the car who was registered in your name. But – if the drug was in the console, the car was in your aunt’s name, and there was another passenger in the car – in this case, you may still get arrested for the possession of cannabis, but the charge won’t be able to stick if you have a savvy lawyer and if you remain silent and don’t say anything related to the drugs.
The reason that the charge cannot stick is that although the police may have had probable cause to suspect the drug was yours and they were able to arrest you – the state’s prosecutors won’t be able to prove that the drug was yours beyond a reasonable doubt.
